Legislative change

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Text of Legislative change

  • 1. Appendix 1 LEGISLATIVE HISTORYCommonwealth1State Other21900 Commonwealth power to pay age and invalid pensions.3An acceptance of community responsibility for the disabled saw the establishment ofinstitutions. These were often started by parents, and were diagnosis specific. Mostreceived some financial support from government.41908 Invalid and Old Age Pensions Act 1908.51941 Civilian Rehabilitation Scheme established.61954 Aged and Disabled Persons Homes Act7supports disabledaccommodation.81956 Home Nursing Subsidies Act9subsidises the expansion of homenursing services. 101963 Disabled Persons Accommodation (Assistance) Act,11(DPAAA)supporting organisations providing accommodation to workers insupported employment.1967 Sheltered Employment (Assistance) Act12replaces DPAAA forCommonwealth grants re supported accommodation.1968 Handicapped Childrens Benefit Act supports housing disabledchildren.131969 States Grants (Home Care) Act14to support States in providingdomestic assistance, and States Grants (Paramedical Services) Act15to1Including reports released where they were commissioned by the government of the time.2Including reports released by third parties, precedent setting court cases and other relevant influences.3Commonwealth of Australia Constitution Act, s 15xxiii.4Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995).5Invalid and Old Age Pensions Act 1908 (Cth).6Janet Phillips, Disability Support and Services in Australia (2008)7Aged and Disabled Persons Homes Act 1954 (Cth).8A function previously carried out by the States.9Home Nursing Subsidies Act 1956 (Cth).10A function previously carried out by the States.11Disabled Persons Accommodation (Assistance) Act 1963 (Cth).12Sheltered Employment (Assistance) Act 1967 (Cth).13Previously the responsibility of the States.
  • 2. Naomi Anderson 2013Page 2 of 12Commonwealth1State Other2support States in providing paramedical services for aged or disabledpeople living at home. States Grants (Nursing Homes) Act16tosupport States in increasing number of nursing home places for thesick aged of little means and those with severe disability. 17197018Delivered Meals Subsidy Act19subsidises delivering meals todisabled. Handicapped Childrens Assistance Act20subsidises training& accommodation.21Disability rights movements gainedstrength in the 1970s and pressure fordeinstitutionalisation began to mount.1971 Senate Inquiry: Mentally and Physically Handicapped Persons inAustralia22United Nations Declaration on theRights of Mentally Retarded Persons197219731974 Handicapped Childs Allowance23for parents of severely handicappedchildren requiring constant care and attention at home.24NursingHomes Assistance Act25funding charitable nursing homes, allocationof 5% of beds for non aged disabled.Handicapped Persons Assistance Act26(HPAA) significantlyincreased funding for training, therapy, rehabilitation.The Committee of Enquiry into Compensation and Rehabilitation, andCommission of Enquiry into Poverty re national rehabilitation serviceUnited Nations Declaration of Rightsof Disabled Persons14States Grants (Home Care) Act 1969 (Cth).15States Grants (Paramedical Services) Act 1969 (Cth).16States Grants (Nursing Homes) Act 1969 (Cth).17Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995).18From 1970, every year is shown, even when there is no activity. This is intended to give the reader a greater sense of the uneven progression of change across time.19Delivered Meals Subsidy Act 1970 (Cth).20Handicapped Childrens Assistance Act 1970 (Cth).21Previously a State responsibility.22NB: Senate Inquiries are reported from 1970 only, due to limitations in the data available on the Parliamentary website. Only final reports are listed, and inquiries intoParliamentary references are excluded.23Handicapped Childs Allowance Act 1974 (Cth).24Dale Daniels, Social security payments for the aged, people with disabilities and carers 1901 to 2010 (2011).25Nursing Homes Assistance Act 1974 (Cth).26Handicapped Persons Assistance Act 1974 (Cth).
  • 3. Naomi Anderson 2013Page 3 of 12Commonwealth1State Other2assist people to become more active in the community.27Senate Inquiry: Rehabilitation Services for the Disadvantaged(Handicapped)197519761977 Royal Commission on Human Relationships of 1977; inadequacy ofdisability programs and detrimental consequences of focus onexclusion.28Report of the Victorian Committee on MentalRetardation suggests major shift away frominstitutionalisation.29197819791980 The 1980s saw an intensification of thedeinstitutionalisation movement.1981 International Year of Disabled PersonsThe beginning of a period where both State and Commonwealth governments began to take over the administration ofdisability education from the charities. State governments also began to expand their role in services for intellectualdisability and mental health.30First Australian Bureau of Statistics(ABS) survey of disability inAustralia.3110.9:100 ratio for disabled under 65institutionalised vs living inhouseholds321982 Report of the Ministers Committee forIntellectually Handicapped person, which leadsto protections for people with intellectualdisability and the establishment of the Office ofthe Public Advocate (OPA).3327Brian Howe, Empowering the Disabled (Paper presented at the ACE National Conference, Sunshine Coast, 2004), 2-3.28Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995).29retardaCommittee on Mental Retardation, Parliament of Victoria, Report of the Victorian Committee on Mental Retardation (1977).30Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995).31Australian Bureau of Statistics, Handicapped persons, Australia, 1981 (1981).32Australian Institute of Health and Welfare, Australias welfare 1997: services and assistance (1997), 335-6.33Committee on Rights and Protective Legislation for Intellectually Handicapped Persons, Parliament of Victoria, The protection of intellectually handicapped persons and thepreservation of their rights (1982).
  • 4. Naomi Anderson 2013Page 4 of 12Commonwealth1State Other21983 The Spouse Carers Pension introduced, payable to a man caring forhis severely handicapped wife if she required constant care andattention in the matrimonial home. 34Mobility Allowance payable to severely handicapped persons unableto use public transport. 35Governmental review of HPAA programs, received scathing feedbackabout form, type and culture of services, and lack of integration withcommunity.36Establishment of the Disability Advisory Council of Australia.1984 Report of the Committee on the LegislativeFramework for Services to IntellectuallyDisabled Persons.371985 Spouse carers pension became the Carers Pension. 38Disability Services Act39providing funding for a much broader rangeof services, and confirming rights for the disabled. Home andCommunity Care Act40enacted to subsume previous Acts supportinghome based care of the elderly and disabled.Review of Handicapped programs41recognises need for culturalchange, and reduced emphasis on disadvantage, with more focus onimproving capacity.The Office of Disability established.1986 Home and Community Care Program commences, joint initiativebetween States and Commonwealth to avoid inappropriate hospitaladmissions for those who can be cared for in the homeGuardianship and Administration Act 1986(Vic)Intellectually Disabled Persons Services Act4334Dale Daniels, Social security payments for the aged, people with disabilities and carers 1901 to 2010 (2011).35Ibid.36Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995)37Committee on a Legislative Framework for Services to Intellectually Disabled Persons, Parliament of Victoria, Report of the Committee on a Legislative Framework for Services toIntellectually Disabled Persons (1984).38Dale Daniels, above n 433.39Disability Services Act 1985 (Cth).40Home and Community Care Act 1985 (Cth)41Handicapped Programs Review (Australia), Parliament of Australia, New directions: report of the Handicapped Programs Review (1985).
  • 5. Naomi Anderson 2013Page 5 of 12Commonwealth1State Other2Establishment of the Human Rights and Equal OpportunityCommission42Mental Health Act 1986 (Vic)1987 Child Disability Allowance replaced Handicapped ChildsAllowance.44Report of the OPA on the Criminal JusticeSystem and the Person with an IntellectualDisability451988 Carers Pension extended to non family members46Disability Task Force established.47Towards Enabling Policies: Income Support for People withDisabilities report48Report of the OPA into a Study of People withIntellectual Disabilities as Victims of Crime4919891990 Senate Inquiry: Accommodation for People with Disabilities1991 Commonwealth State Disability agreement signed50Disability Support Pension replaced Invalid Pension51Senate Enquiry: Social Security (Disability and Sickness Support )Amendment Bill 1991.Disability Services Act521992 Disability Discrimination Act 1992; Modifications to the DisabilityServices Act.Senate Enquiry: Disability Discrimination Bill 1992 and HumanRights and Equal Opportunity Legislation Amendment Bill 1992Senate Inquiry: Employment of People with Disabilities43Intellectually Disabled Persons Services Act 1986 (Vic).42Human Rights and Equal Opportunity Commission Act 1986 (Cth).44Dale Daniels, Social security payments for the aged, people with disabilities and carers 1901 to 2010 (2011).45Office of the Public Advocate, (Vic), Finding the way: The criminal jus